United Workers' Union

[2021] FWCA 5895

[2021] FWCA 5895

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

United Workers' Union
(AG2021/6981)

SPRINGMOUNT SERVICES AND UNITED WORKERS UNION GREENFIELDS ENTERPRISE AGREEMENT 2021

Cleaning services
COMMISSIONER LEE	MELBOURNE, 20 SEPTEMBER 2021

Application for approval of the Springmount Services and United Workers Union Greenfields Enterprise Agreement 2021

[1] An application has been made for approval of a greenfields agreement known as the Springmount Services and United Workers Union Greenfields Enterprise Agreement 2021 (the Agreement). The application was made by United Workers’ Union pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that United Workers’ Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] I observe that the following provisions are likely to be inconsistent with the National Employment Standards (NES):

•  Clause 13.5.4 - Casual conversion to part-time and full-time employment.

•  Clause 40.1.3 - Resignation by an employee.

However, noting clause 7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with United Workers’ Union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 September 2021. The nominal expiry date of the Agreement is 15 March 2024.

COMMISSIONER

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